Family-Based Green Card for Child - I-130 Form

For immigration purposes, a child is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a son or daughter.

If you are a U.S. Citizen, you may petition on behalf of your:

• Children (unmarried and under 21)
• Unmarried sons and daughters (21 or over)
• Married sons and daughters (any age)

If you are a Legal Permanent Resident, you may petition on behalf of your:

• Children (unmarried and under 21)
• Unmarried sons and daughters (21 or over)

Children of U.S. Citizens are considered immediate relatives, once Form I-130 is accepted, a visa number becomes immediately available, which means that there is no waiting period between the time you submit your application and your child getting a visa number.

Unmarried children (over the age of 21), and married sons and daughters (any age) of U.S. citizens, and unmarried children (any age) of Legal Permanent Residents will have to wait for their application to be accepted for their visa numbers to become available. When their priority date becomes current, and a visa number is available, they will have to apply to adjust their status to permanent resident if they are already living in the US; or apply for an immigration visa if they are living outside the US.

To correctly sponsor your child, you must also provide evidence of your U.S. Citizenship or Permanent Residency.

Documents that can prove your US Citizenship:

• Birth certificate
• Naturalization certificate or certificate of citizenship
• Form FS-240, Report of Birth Abroad of a Citizen of the United States
• Valid US passport
• Original statement from US consular officer verifying your citizenship

Documents that can prove Permanent Residency:

• A copy of your permanent resident card (front and back)
• A copy of the biographic page of your passport (with your name, photo and expiration date clearly visible)
• A copy of your I-94 card